Law: Evidence Act (I of 1872)

Section: 32

Law: Penal Code (XLV of 1860)

Section: 302, 100

(a) Evidence Act (I of 1872), S. 32-Dying declaration--- Deceased enquiring his master about details of F. I. R. (lodged by master) immediately after regaining consciousness-Not possible for old servant to have deviated from version given by master-Dying declaration recorded in presence of other persons and possibility of complainant's presence also existing-Dying declaration, in circum stances, held, unreliable. (b) Penal Code (XLV of 1860), Ss 302 & 100--Private defence, right of-Enmity between accused and deceased's master-Injuries of deliberate strokes on accused's person not accounted for by prose cution-Accused having as many as fourteen injuries and deceased receiving only one fatal knife blow-Prosecution story not inspiring confidence-Accused, held, acted to right of self-defence and acquitted. Date of hearing: 20th July 1972.                                                                                                                             JUDGMENT Muhammad Afzal aged 25 years, a resident of village Ramat, Police Station Bhakkar, District Mianwali, has appealed against his conviction under section 302, P. P. C. and sentence of transportation for life. 2. The prosecution case against the appellant was that there was enmity between him and Bashir Hussain (P. W. 8), a shop keeper of the same village. The enmity was so serious that then appellant directed every one with whom he came in contact not to make purchases from the shop of Bashir Hussain. On the 28th of March 1969, at about 7-30 p. m., Bashir Hussain was at his shop when Allah Wasaya deceased came; to purchase Gur. As it was out of stock Allah Wasaya was returning and had hardly gone a few paces when the appellant encountered him and asked why he had come to the same shop for making purchases when he had been told not to do so. The appellant pulled out a knife (Exh. P.…